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Monday, 06 April 2020

Can I request a VAT refund as a hotel owner in case VAT has already been paid on advance payments but my clients do not show up because of the COVID-19 outbreak?

Stijn Vastmans

Stijn Vastmans

Partner
Ghent
Stein De Maeijer

Stein De Maeijer

Counsel
Brussels

If a hotel owner is unable to provide hotel services because the customers do not show up, he can, in principle, reclaim the VAT on the advance payments through the periodical VAT return. However, there is a difference between B2B and B2C-transactions. In a B2B-context, a credit note is required while in a B2C-transaction the hotel owner will have to proof that the VAT has been reimbursed to its customers.

In the event that the general terms and conditions stipulate that advance payments will retain as a compensation for the damage that is suffered, there are good arguments to reclaim the VAT that has already been paid. 

If you have any questions on this subject, please contact the authors of this article.

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